This Progus Partner Program Affiliate Agreement (this “Agreement”) is made between Progus sp. z o.o. (“Progus”) and the participating partner (“Partner”). By joining or continuing to participate in the Program, the Partner accepts this Agreement.

§ 1. Definitions

• Program – Progus’ partner program for referrals of Progus applications.
• Partner – any entity participating in the Program.
• Customer – an entity that starts using a Progus application and enters into a paid Subscription.
• Subscription – a paid plan (including after any trial period).
• Commission – a percentage of Net Revenue due for qualified referrals.
• Net Revenue – payments actually received by Progus for the Subscription, less discounts, platform/payment fees, transaction taxes (incl. VAT/sales tax), and any Refunds or Chargebacks (and other deductions charged to Progus for that payment).
• Refund – any return of funds to a Customer (including within 30 days of payment).
• Chargeback – any payment reversal/chargeback related to a Customer transaction.
• Affiliate Link – the Partner’s unique referral link (e.g., link.progus.com?ref=YourID).
• Cookie – the attribution mechanism used for referral tracking.

§ 2. Program Scope

The Program applies to all applications developed by Progus, unless Progus states otherwise. Progus may include/exclude products from the Program at its discretion.

§ 3. Partner Legal Status

The Partner may be a natural person, a sole proprietor, or a legal person/organizational unit. The Partner is independent. This Agreement does not create employment, a mandate contract (umowa zlecenia), a partnership, an agency relationship, or subordination. The Partner chooses how to promote and is fully responsible for all marketing activities.

§ 4. Taxes

The Partner is solely responsible for all taxes, contributions, and public‑law obligations related to the Commission. Progus is not a withholding agent unless mandatory law requires otherwise. The Partner confirms the Commission is not remuneration under employment or a mandate contract (umowa zlecenia). If withholding/deductions are required by law, Progus may deduct and/or withhold payouts until required information/documents are provided.

§ 5. Tracking

• Cookie window: 45 days from the Customer’s click on the Affiliate Link.
• Qualification: the Customer must convert to a paid Subscription after any trial. Progus’ tracking records are authoritative.

§ 6. Commission (up to 30% lifetime)

Commission is recurring (lifetime) and may be up to 30% of Net Revenue, from the Customer’s first paid month onward, for as long as the Customer remains active and paying.

• Bronze: 0+ active referrals – 0%
• Silver: 2+ active referrals – 20%
• Gold: 10+ active referrals – 25%
• Platinum: 50+ active referrals – 27%
• Diamond: 100+ active referrals – 30%

§ 7. Commission Accrual and Adjustments

• Commission applies only to payments actually received by Progus and only to Net Revenue.
• No Commission is due (and Progus may reverse/adjust) for Refunds, Chargebacks, fraud, breaches of this Agreement, unlawful activity, the Partner’s own purchases, or self‑referrals.
• Progus may suspend accrual and/or payouts in case of suspected abuse; Progus’ qualification decision is final to the extent permitted by law.
• Refund rule: if a Customer receives a refund within 30 days of payment, related Commission is void.

§ 8. Payouts

• No minimum payout threshold.
• Payouts are made monthly, via payment methods made available by Progus (e.g., PayPal), by the 3rd week of the following month.
• Payouts may be processed via third‑party payment providers; the Partner is responsible for correct payment details.
• Progus may withhold payouts in case of breach, suspected abuse, or missing information required to pay in compliance with law.

§ 9. Prohibited Activities

• Impersonation of Progus; misleading statements; unlawful activity.
• Using Progus trademarks/name/materials without consent; registering domains containing “Progus” (or confusingly similar); brand bidding on “Progus” without consent.
• Artificial traffic/leads/conversions; conversion manipulation; self‑referrals; own purchases for Commission.
• Coupon/deal sites or purchased email lists, unless Progus gives prior consent.

§ 10. Audit and Verification

Progus may verify traffic sources and compliance. The Partner must cooperate and provide reasonable information/evidence upon request. Lack of cooperation may result in withholding payouts and immediate termination.

§ 11. Confidentiality

The Partner must keep Confidential Information (technical/business, rates, tracking/financial data, non‑public information) confidential during and after participation, for as long as it remains non‑public.

§ 12. Limitation of Liability

Progus is not liable for lost profits, tracking errors/limitations, technical interruptions, or third‑party platform decisions.

§ 13. Term and Termination

This Agreement is for an indefinite term. Either party may terminate at any time. Progus may terminate immediately for breach or suspected abuse. After termination, undisputed properly accrued Commissions will be paid; Commissions from breaches/abuse/fraud are forfeited.

§ 14. Governing Law and Court

This Agreement is governed by Polish law. Disputes are submitted to the court having jurisdiction over Progus’ registered office, to the extent permitted by mandatory law.

§ 15. Amendments

Progus may amend this Agreement. Amendments are effective upon publication. Continued participation constitutes acceptance.